Cedar County Jury awards $2.5 million in motor vehicle collision case

From the El Dorado Springs Newsroom

A Cedar County jury has awarded $2.5 million to a man injured in a 2021 crash after determining the defendant was fully responsible for the collision.

The verdict, reached on August 29 in Stockton before Circuit Judge Munton, followed a three-day trial in which nine of the 12 jurors agreed on the award. The case, Jose Cabrales et al. v. Estate of Jamie Kirch, was transferred to Cedar County in response to a change of venue request.

The lawsuit stemmed from a Dec. 7, 2021, crash at the intersection of Routes T and U in Barton County. According to the Missouri State Highway Patrol, a van driven by Jamie Kirch failed to yield and pulled into the path of Cabrales’ northbound vehicle. Kirch was killed in the crash, and her three passengers — including two children — were hospitalized. Cabrales, who had the right of way but was traveling about 8 mph over the posted speed limit, was also taken to the hospital with multiple injuries, including a herniated cervical disc.

Cabrales was represented by attorneys Zane Cagle and Andrew Mundwiller of The Cagle Law Firm in St. Louis. Testimony for the plaintiff included Dr. Byron H. Willis, a treating neurosurgeon, and Michael Eden, a reconstructionist with the Missouri State Highway Patrol.

Defense attorneys George R. Lewis and Christopher Harper of Franke Schultz & Mullen in Kansas City argued that Cabrales had a history of neck pain and that his speed contributed to the crash. They urged jurors to assign him a significant share of the fault. The defense, backed by Progressive Insurance, did not present expert witnesses.

Before trial, Progressive offered $50,000 to settle the case. Cabrales declined, and the matter proceeded to trial.

Nearly two years after the crash, Cabrales underwent cervical disc replacement surgery. His attorneys did not present medical bills or wage loss claims to the jury, instead asking them to weigh damages for pain, suffering, and loss of normal life. His wife also made a loss of consortium claim, which the jury denied.

After deliberation, jurors found the estate of Kirch entirely at fault and awarded Cabrales $2.5 million.

Stay updated on local cases by subscribing to The El Dorado Springs Sun. Please send all corrections or typos to sunpub@centurylink.net, including the article information in the subject line.